In re Liberty Alley

• Decision Date: 01 January 1848
• Parties: In re LIBERTY ALLEY.
• Court: Pennsylvania Supreme Court

8 Pa. 381

In re LIBERTY ALLEY.

Supreme Court of Pennsylvania.

THIS was a certiorari to the Quarter Sessions of Berks county.

Page 382

Hoffman, for plaintiff in error.—The petition here was framed under the act of 1826, sec. 2, Pamph. Laws, 115, and whether it can be sustained depends upon the construction of that act: Borough of Reading v. Green, 9 Watts, 382; Church Road Case, 5 W. & S. 200.

Barclay, contrà.—The general road-law, by the act incorporating Reading, does not apply to that municipality, and in the

road-laws of 1836, passed since that act of incorporation, there is a provision, sec. 81, saving local laws then in force. This case depends, then, upon the act of 1826, under which the court has no authority to widen an alley: In re Milford, 4 Barr, 313; 8 W. & S. 200; 1 Cow. 269; Young v. Martin, 2 Yeates, 312.

PER CURIAM.

Order of the Quarter Sessions affirmed, for the reasons given by the President of the court below.